RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of June 3, 2005 No. 7

About practice of application by courts of enforcement powers of medical nature and forced treatment

According to the Constitution of Ukraine of people, his life and health, honor and advantage, immunity and safety are recognized Ukraine the highest social value (the Art. 3) and everyone has the right to respect for its advantage (the Art. 28).

The existing penal and criminal procedure legislation provides system of the regulations directed to the objective and humane solution of the questions connected with ensuring interests of persons which made socially dangerous acts, suffering mental diseases or having other mental disturbances which predetermine the need for application of enforcement powers of medical nature or forced treatment.

As the Criminal code of Ukraine 2001 (further - UK) into the criminal law enters concept of limited sanity, and regulation of the penal and criminal procedure legislation which concern enforcement powers of medical nature and forced treatment, suffered essential changes, courts ambiguously understand and differently apply these regulations. For the purpose of the correct and identical application by courts of the legislation on enforcement powers of medical nature and forced treatment and remedial action in court practice the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that on content of provisions UK, the laws of February 22, 2000 No. 1489-III "About mental health services" (further - the Law No. 1489-III) and of November 19, 1992 No. 2801-XII "Bases of the legislation of Ukraine about health care" (further - the Law No. 2801-XII) the purpose of application of enforcement powers of medical nature and forced treatment is:

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